Acórdão nº 9120042 de Court of Appeal of Porto (Portugal), 12 de Fevereiro de 1992
Magistrado Responsável | VAZ DOS SANTOS |
Data da Resolução | 12 de Fevereiro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A INDEMNIZAÇÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL. DIR CIV - DIR RESP CIV.
Legislação Nacional: CE54 ART7 N1 N3 ART10 N3 ART59 B. CCIV66 ART483 N1 ART495 N3 ART496 N1 N3 ART503 N3 ART562 ART564 ART570 ART2004 N1. CPP87 ART520 A. DL 387-B/87 DE 1987/12/29 ART54 N1.
Jurisprudência Nacional: AC STJ DE 1971/03/17 IN BMJ N205 PAG150. AC STJ DE 1977/05/10 IN BMJ N267 PAG145. AC STJ DE 1979/01/18 IN BMJ N283 PAG275. AC STJ DE 1986/05/08 IN BMJ N357 PAG396. ASS STJ DE 1983/04/14 IN BMJ N326 PAG302.
Sumário: I - Nos casos de responsabilidade civil extracontratual têm direito a indemnização os que podiam exigir alimentos ao lesado e se encontrem numa situação de carência que os impossibilite da satisfação das necessidades essenciais da vida, de harmonia com a classe e a condição social a que pertencem. II - Na fixação do respectivo "quantum" haverá que ter em conta que a indemnização deve representar um capital que se extinga no fim do período durante o qual aqueles podiam exigir alimentos e seja susceptível de garantir durante esse lapso temporal as prestações periódicas que receberiam se não fosse a morte da vítima. III - Sendo o titular do direito a alimentos um menor com 9 anos de idade, com quem a sua mãe, de 27 anos de idade, vítima mortal de um acidente de viação, dispendia, em média, por mês, a quantia de 20000$00, em despesas de alimentação, vestuário e educação, e tendo o menor ficado numa situação de efectiva carência alimentar que, previsivelmente...
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